Citation Nr: 21075086
Decision Date: 12/17/21	Archive Date: 12/17/21

DOCKET NO. 17-45 074
DATE: December 17, 2021

REMANDED

Entitlement to service connection for the cause of the Veteran's death, for the purposes of receiving Dependency and Indemnity Compensation (DIC), is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Marine Corps from March 2008 to June 2013.  Regrettably, he died in June 2016.  The appellant is his minor child.

This matter comes before the Board from a January 2017 decision of a Department of Veterans Affairs (VA) Regional Office.  The same benefit has also been sought by another of the Veteran's minor children, Z.G.  The Board previously remanded this matter in December 2019 and explained that as a grant of this benefit to one child would result in the reduction of benefits for another child, this appeal amounts to a contested claim.  See 38 U.S.C. § 1313.  The Board remanded the claim to allow for the special procedural protections set forth in VA's regulations to be followed.  

Pursuant to the Board's remand, VA did send the custodian of Z.G. the December 2019 Board remand as well as the statement of the case.  However, there is no evidence that VA supplied Z.G.'s custodian with the appellant's substantive appeal pursuant to 38 C.F.R. § 19.102.  A remand is required to comply with the contested claims procedures and provide Z.G.'s custodian with the substantive appeal in this claim.

In this regard, the Board encourages the Regional Office to be mindful of the addresses of record in this claim.  It appears that Z.G.'s custodian recently submitted an additional claim for DIC benefits on Z.G.'s behalf and included a new address.

The matters are REMANDED for the following action:

1. Ensure full compliance with the contested claims procedures outlined in 38 C.F.R. §§ 19.100-02, 20.500 04.  Specifically, provide Z.G. and her custodian with (1) the contents of the appellant's August 2017 VA Form 9 and (2) inform Z.G. and her custodian that, as a party to a contested claim, she is entitled to a hearing, if she chooses one.

2. After waiting 30 days for a possible response from Z.G. to the appellant's Form 9, readjudicate the issue on appeal and provide Z.G. and the appellant each a copy of a supplemental statement of the case (SSOC). An 

 

appropriate period should be allowed for response before the case is returned to the Board.

 

 

Shamil Patel

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	B. Whitelaw, Counsel

The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.